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Articles 1 - 30 of 49
Full-Text Articles in Law
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
Copyright Essentialism And The Performativity Of Remedies, Andrew Gilden
William & Mary Law Review
This Article critically examines the interrelationship between substantive copyright protections and the remedies available for infringement. Drawing from constitutional remedies scholarship and poststructural theories of performativity, it argues that a court’s awareness of the likely remedy award in a particular dispute —combined with its normative view of how future actors should address similar disputes—“reaches back” and shapes the determination of the parties’ respective rights.
Copyright scholars have long sought to limit the availability of injunctive relief, and several recent court decisions have adopted this reform. For example, in Salinger v. Colting the Second Circuit vacated a preliminary injunction against a …
Constitutional Remedies And Public Interest Balancing, John M. Greabe
Constitutional Remedies And Public Interest Balancing, John M. Greabe
William & Mary Bill of Rights Journal
The conventional account of our remedial tradition recognizes that courts may engage in discretionary public interest balancing to withhold the specific remedies typically administered in equity. But it generally does not acknowledge that courts possess the same power with respect to the substitutionary remedies usually provided at law. The conventional account has things backwards when it comes to constitutional remedies. The modern Supreme Court frequently requires the withholding of substitutionary constitutional relief under doctrines developed to protect the perceived public interest. Yet it has treated specific relief to remedy ongoing or imminent invasions of rights as routine, at least when …
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
William & Mary Law Review
No abstract provided.
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
William & Mary Law Review
No abstract provided.
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
Tort Experiments In The Laboratories Of Democracy, Alexandra B. Klass
William & Mary Law Review
This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new societal problems associated with privacy, publicity, consumer protection, and environmental harm. At the same time, however, Congress has eliminated state tort law entirely in targeted areas without replacing it with corresponding federal remedies. The Supreme …
Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit
Killing And Cleaning In Combat: A Proposal To Extend The Foreign Claims Act To Compensate For Long-Term Environmental Damage, Mark D. Sameit
William & Mary Environmental Law and Policy Review
No abstract provided.
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham
William & Mary Law Review
No abstract provided.
As If It Had Never Happened, Arthur Ripstein
As If It Had Never Happened, Arthur Ripstein
William & Mary Law Review
No abstract provided.
Contract As A Transfer Of Ownership, Peter Benson
Contract As A Transfer Of Ownership, Peter Benson
William & Mary Law Review
No abstract provided.
Statutory Inflation And Institutional Choice, Lawrence M. Solan
Statutory Inflation And Institutional Choice, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack
William & Mary Environmental Law and Policy Review
No abstract provided.
Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas
Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas
William & Mary Bill of Rights Journal
Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
Will Big Tobacco Seek Bankruptcy Protection? A $145 Billion Verdict Poses The Question, Mark Gottlieb, Richard A. Daynard
William & Mary Environmental Law and Policy Review
No abstract provided.
A Critique Of Burrow V. Arce, Charles Silver
A Critique Of Burrow V. Arce, Charles Silver
William & Mary Environmental Law and Policy Review
No abstract provided.
When Tribal Treaty Fishing Rights Become A Mere Opportunity To Dip One's Net Into The Water And Pull It Out Empty: The Case For Money Damages When Treaty-Reserved Fish Habitat Is Degraded, Brian J. Perron
William & Mary Environmental Law and Policy Review
No abstract provided.
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
Drowning In A Sea Of Contract: Application Of The Economic Loss Rule To Fraud And Negligent Misrepresentation Claims, R. Joseph Barton
William & Mary Law Review
No abstract provided.
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
William & Mary Law Review
No abstract provided.
"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish
"Because The Constitution Requires It And Because Justice Demands It": Specific Speech Injunctive Relief For Title Vii Hostile Work Environment Claims, Cecilee Price-Huish
William & Mary Bill of Rights Journal
Abusive speech often is used effectively by harassers in the workplace to intimidate, terrorize, objectify, and humiliate their intended victims, thus helping to secure and maintain social inequality in the workforce, especially among racial and gender minority employees. Pursuant to the adoption of Title VII of the Civil Rights Act of 1964, the United States Supreme Court, in Meritor Savings Bank v. Vinson, interpreted the statute's anti-employment discrimination mandate as imposing liability for conduct or words in the workplace that have the purpose or effect of interfering with an employee's work performance or of creating an intimidating or hostile work …
The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna
The Paradox Of Hope: The Crime And Punishment Of Domestic Violence, Cheryl Hanna
William & Mary Law Review
No abstract provided.
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson
William & Mary Law Review
No abstract provided.
A Landowner's Remedy Laid To Waste: State Preemption Of Private Nuisance Claims Against Regulated Pollution Sources, Kathleen Roth
A Landowner's Remedy Laid To Waste: State Preemption Of Private Nuisance Claims Against Regulated Pollution Sources, Kathleen Roth
William & Mary Environmental Law and Policy Review
No abstract provided.
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach
Only "Innocent" Parties Need Apply: The Death Of Private Party Cost Recovery Actions Under Superfund?, Mark A. Stach
William & Mary Environmental Law and Policy Review
No abstract provided.
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
William & Mary Law Review
No abstract provided.
Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen
Reconsidering Efficient Tort Rules For Personal Injury: The Case Of Single Activity Accidents, Jennifer H. Arlen
William & Mary Law Review
No abstract provided.
Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley
Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley
William & Mary Law Review
No abstract provided.
Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper
Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper
William & Mary Law Review
No abstract provided.
Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii
Standing Of The Terminated Employee Under Section 4 Of The Clayton Act, Stephen J. Horvath Iii
William & Mary Law Review
No abstract provided.